Nebraska’s legal history on the enforceability of non-compete agreements is usually a surprise for employers who view Nebraska as pro-business. Nebraska courts routinely invalidate employee non-compete agreements that venture beyond restricting the employee from doing business with and soliciting customers with whom that employee did business and had personal contact. If there is a non-compete component to the agreement, or if the non-solicitation applies to all customers, Nebraska courts typically invalidate the entire agreement. Companies using a one-size-fits-all agreement for their Nebraska employees are routinely victimized by this surprise. The reaction is typically a scramble to litigate in a venue outside the Cornhusker state.

On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and broadens the definition of “personal information” in the state data breach notification statute, Neb. Rev. Stat. §87-802 – 87-804. These amendments become effective on July 20, 2016.